Filing for a Parent

[zvacha]

I just got my citizenship last week. My mother is here now. She has a tourist visa (10 year multiple entry)
Can anyone answer the following questions?

1. Can I file for her green card while she is here?. If so, is there any restriction in she travelling to India before she gets her green card?

2. I saw in the FAQ that the normal waiting time for this case would be one year or less. Is that still true?

Thank you very much.

[SWaiting]

Yes,
Technically you can file for the GC for your mother. However since your mother came on tourist visa, to avoid any intent problems check the site http://k1.exit.com and look for 30/60/90 rule under tourist section.

It will be advisable to file after 60 days of her coming to US.

Once the application I-485/I130 is filed, she will be under adjustment status. She can travel back to India once she has an approved Advance Parole I -131...

Waiting time depends on what local office you file.
Some take lesss than 6 months, some almost 2 yrs....

goodluck

[rpais]

Will her mother immediately be under a AOS once the I-130/I-485 applications are filed (i.e. a BCIS receipt is received?)

[SWaiting]

As soon as you file I-130/I-485 and its received by BCIS, you are in "adjustment of status" period... If she needs to travel outside US, she will need an Advance Parole.

[zvacha]

Can I file I130 / I485 together or do I have to get approval for I130 before I apply for adjustment of Status?. Also I live in Georgia. Do you know how long the wait will be for this region?
Also do I have to file for an extension for her stay?. She had been here for about 4 months and she will have to leave in another two months.
Thank you very much

[SWaiting]

zvacha,
It works like this :
a) If the relative is in US already thru a legal way(on a tourist visa or parole). then you can file I-130/I-485 together at the local office.

b) If the relative is outside US, then you need to first file I-130 and after its approval file I-485.

Since she is already in US, you can file asap I-130/I485 together. Once its received by BCIS, she will be automatically be in "Adjustment of Status" Period.. She doesnt need any extension.

However once I-485 is filled, she shouldn't be leaving without and Advance Parole......


goodluck...

[rpais]

If zvacha's mother applies for Advance Parole and leaves the country, does the I-485 processing get put on hold until she returns to the US?

[Indousa]

rpais....no. the processing continues whether you are in the U.S or abroad.

[Eszter]

Does the parent need to be in legal status when applying for green card through US citizen child?
Say I let my Mom overstay her 6 months and she would be illegal starting October 2003. If I become a citizen in Dec 2003, can I file for a green card for her? Or does she need to leave the country and file from her home country?

Eszter

[mv]

If parents are already in US, you need to file I-485 here, in which case they can't leave the country except if they get advance parole! If they apply from their respective country, then they can't enter US till the process is completed!

[mv]

And Yes, both the sponser as well as the person sponsered (in this case parents) should have a valid legal status else if the stay extends by 30 days ill-legally, you can't enter US for 3 yrs, for over 60 days, its 5 yrs period and for over 180 days, the ban is for 10 yrs

[mv]

SWaiting,

I have a question for you since you seem to have some experience in this regards...

I am a US citizen and filed for my parents green card while they were on visit. Their 6 mths visa stay was expiring on 22nd Jan'03 and I applied for I-485 (adjustment of status) late Dec'02. Meanwhile since the process was delayed due to Medical tests etc, I also applied for extension of stay simultaneously!

But BCIS rejected the extension app saying that we had applied change of status! However the reciept that we got from BCIS is dated for 23rd Jan'03 - only 1 day after the 6 month expiry date on visa!

Is there a reason to worry?? I am assuming we need not worry since they themself rejected the extension petition on the ground that change of status app is pending, right???

Also they are filing for advance parole...any idea if these days its easy to get the advace parole or is there a good evidence that we need to send them so that they approve it! What is the duration for advance parole - can we get it say 10-11 months or a year?

thx
mv

[SWaiting]

mv,
There was no reason to apply for the extension as they were in "adjustment of status" period which BCIS pointed correctly...

There is no reason to worry at all. Just keep the letter for reference but for all practical purposes, forget that you even applied for the extension ever...

AP is reqd for their travel outside US. Whether you need to mail it or apply in person depends on the local office you applied on.. In Newark, NJ, its strictly walk-in only...

AP is given for 1 yr period.

goodluck

[mv]

Thanks for the reply, swaiting..

good luck!

[jagruti4]

Dear mv,

Please share your filling experience. It seems like you did not file in person. Does your local INS office only accept application via mail? I have to file for my parent in Boston, MA. BCIS website
says that I485 application has to be submitted in person and my parents are visiting my sister in CA. Can I mail the apps instead of filing in person?

Jagruti

[dancylile]

does anyone know how long does it take for parents to get their GC in Texas, they are now in the states?

when i check the I-485 process in houston, it is still at june,2002, but that is for all categories, right?

wonder how long does it take citizen to apply GC for parents in Texas, or where could i get this kind of infomation....

thank you very much!